This Comment analyzes the progress of the California courts in resolving how negligence occurring within the scope of employment affects the employer's rights of subrogation. The author focuses his analysis on the case of Arbaugh v. Proctor & Gamble Mfg. Co. and its holding in light of the competing policies of worker's compensation and comparative negligence. The author proposes that the Arbaugh rule should be applied to injured employee negligence, making the employer responsible for all employment negligence. The author argues that, under this proposal, employers would be prevented from recovering through subrogation provisions until employer contribution exceeds the percentage of employment negligence.
Debra H. Neill,
Employer Subrogation: The Effect of Injured Employee Negligence in Workers' Compensation/Third Party Actions,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol18/iss2/5